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HEREFORD v. WARREN

No. 07-1507.

536 F.3d 523 (2008)

Darron HEREFORD, Petitioner-Appellee, v. Millicent WARREN, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. ON BRIEF: Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Mark N. Awada, Warren, Michigan, for Appellee.

COOK, J., delivered the opinion of the court, in which SILER, J., joined. CLAY, J. (pp. 534-42), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

Certain facets of criminal proceedings are so critical that the absence of a criminal defendant's lawyer at those stages renders the proceedings inherently flawed. See United States v. Cronic, 466 U.S. 648, 659 n. 25, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984). The Michigan Court of Appeals held that a sidebar discussion between the prosecutor and judge during Petitioner Darron Hereford's bench...

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